Last updated August 03, 2023
AGREEMENT TO OUR LEGAL TERMS
We are The Rogue
Tech (“Company,” “we,” “us,” “our“).
We operate the
website https://www.theroguetech.com (the “Site“), as well as any other related
products and services that refer or link to these legal terms (the “Legal
Terms“) (collectively,
the “Services“).
The Rogue Tech is the next-level website for news,
verdicts about the latest technology, gaming, gear & gadgets, science, and
entertainment. We publish unbiased reviews of mobile phones, laptops, TVs,
gear, all about the tech in the world.
You can contact us
by email at theroguetechofficial@gmail.com or by mail
to __________, __________, NY, United States.
These Legal Terms
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you“), and The Rogue Tech, concerning your access
to and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
__________
All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to
use the Services. If you are a minor, you must have your parent or guardian
read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms
for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
5. USER GENERATED CONTRIBUTIONS
8. THIRD-PARTY WEBSITES AND CONTENT
14. MODIFICATIONS AND INTERRUPTIONS
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
23. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the
licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively,
the “Content”), as well as the trademarks, service marks, and
logos contained therein (the “Marks”).
Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are
provided in or through the Services “AS IS” for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the “PROHIBITED ACTIVITIES” section
below, we grant you a non-exclusive, non-transferable,
revocable license to:
- access the Services; and
- download or print a copy of any
portion of the Content to which you have properly gained access.
solely for
your personal, non-commercial use or internal business purpose.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use
of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request
to: theroguetechofficial@gmail.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (“Submissions”), you agree to assign
to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited
to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
(“Contributions”). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that Contributions may be viewable by
other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us
a license (including use of your name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or
upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
- confirm that you have read and
agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload,
or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the extent permissible by
applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
- warrant that any such
Submission and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and
- warrant and represent that your
Submissions and/or Contributions do not constitute confidential
information.
You are solely responsible for your
Submissions and/or Contributions and you expressly agree to reimburse
us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although
we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to
the “COPYRIGHT INFRINGEMENTS” section
below.
By using the Services, you
represent and warrant that: (1)
you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction
in which you reside, or if a minor, you have received parental permission to
use the Services; (3) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (4) you will not
use the Services for any illegal or unauthorized purpose; and (5)
your use of the Services will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any
information obtained from the Services in order to harass, abuse, or harm
another person.
- Make improper
use of our support services or submit false reports of abuse or
misconduct.
- Use the
Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in unauthorized framing of or linking to the Services.
- Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
- Delete the
copyright or other proprietary rights notice from any Content.
- Attempt to
impersonate another user or person or use the username of another user.
- Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
- Interfere with,
disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
- Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
- Attempt to
bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of the Services.
- Copy or adapt
the Services’ software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of
the Services.
- Except as may
be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch
any unauthorized script or other software.
- Use a buying
agent or purchasing agent to make purchases on the Services.
- Make
any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- Use the
Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
5. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material
(collectively, “Contributions”). Contributions may be viewable
by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to
use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited
or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health
or well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of
the Services, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media
channels.
This license will apply to any
form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2)
to re-categorize any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor
your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on
the Services to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7) you
may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims, liabilities,
or losses resulting from any review. By posting a review, you hereby grant to
us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating
to review.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain
(or you may be sent via the Site) links to other websites
(“Third-Party Websites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed
from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
9. ADVERTISERS
We allow advertisers to
display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply
provide the space to place such advertisements, and we have no other
relationship with advertisers.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy
and security. Please review our Privacy Policy: https://www.theroguetech.com/privacy-policy/. By using the Services, you agree to be
bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States. If
you access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data
to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
12. COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below
(a “Notification”). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.
13. TERM AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us
to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
15. GOVERNING LAW
These Legal Terms and your
use of the Services are governed by and construed in accordance with the laws
of the State of New York applicable to agreements made and to be
entirely performed within the State of New York, without regard
to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal Terms (each
a “Dispute” and collectively, the “Disputes”) brought
by either you or us (individually, a “Party” and collectively,
the “Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least __________ days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes (“AAA Consumer Rules”), both of which
are available at the American Arbitration Association (AAA)
website. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in __________. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in __________,
and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
17. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US OR . CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) your Contributions; (2) use of the Services; (3) breach of
these Legal Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain
data that you transmit to the Services for the purpose of managing the performance
of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is
not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
25. CONTACT US
In order to resolve a
complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
The Rogue Tech
__________, NY
United States
theroguetechofficial@gmail.com
These terms of use were created using Termly’s Terms and Conditions Generation.